Rajasthan High Court
Dr. Rajmal Meena S/O Sh. Ramkaran ... vs State Of Rajasthan on 28 February, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Misc. 2nd Stay Application No. 14021/2021
in
S.B. Civil Writ Petition No. 8538/2020
Dr. Rajmal Meena S/o Sh. Ramkaran Meena
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Ajatshatru Mina
For Respondent(s) : Mr. Harsh Sahu
Mr. Nitin Jain
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
28/02/2022
Heard on the second stay application.
The second stay application has been filed by the petitioner
with the following prayers;
A. To stay the recruitment process for the
post of "Assistant Professor" to be
commenced in pursuance of the
advertisement dated 27.11.2021 issued
by RPSC (Annexure No. A/1)
B. To direct the respondent authorities to
include all the unfilled backlog seats of
Scheduled Tribe Category against the post
of Assistant Professor of the "Psychiatry
Department".
C. To refrain the respondents from passing
any adverse order against the petitioner
during the pendency of the writ petition.
D. To pass any other order as this Hon'ble
Court may deem fit, proper and
necessary."
Counsel for the petitioner submits that the petitioner in the
writ petition has challenged the advertisement dated 17.01.2020
on the ground that without including the backlog vacancies for the
(2 of 3)
post of Assistant Professor "Psychiatry Department" under the ST
category, the respondent(s) have issued the advertisement dated
17.01.2020 which was challenged by the petitioner in the writ
petition and during pendency of the writ petition the
respondent(s) have again issued the advertisement dated
27.11.2021 without determining the actual number of vacancies
under the ST category for the post of Assistant Professor
"Psychiatry Department".
Counsel prayed for staying the recruitment in question
without determining the vacancies.
In support of his contention, counsel relied upon the
judgment passed the Hon'ble Supreme Court in the matter of R.K.
Sabharwal & Ors. Vs. State of Punjab & Ors. reported in
(1995) 2 SCC 745.
Counsel for the respondent(s) submits that the writ petition
filed by the petitioner challenging the advertisement dated
17.01.2021 is not maintainable as the selection in pursuance to
the advertisement dated 17.01.2020 is over and the results have
already been declared and the successful candidates have been
appointed, however, without filing the amended writ petition the
petitioner has again filed second stay application challenging the
order dated 27.11.2021 as such the second stay application is not
maintainable and the same deserves to be dismissed.
Heard counsel for the parties and perused the record.
Admittedly, the petitioner has prayed for staying the
recruitment process for the post of Assistant Professor "Psychiatry
Department" in view of the subsequent advertisement dated
27.11.2021 without challenging the advertisement dated
(3 of 3)
27.11.2021 either by way of amendment in the writ petition or by
filing the fresh writ petition.
In my considered view, without challenging the
advertisement dated 17.11.2021, the second stay application is
not maintainable.
In that view of the matter, the second stay application is
dismissed.
(INDERJEET SINGH),J
CHETNA BEHRANI /5
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